India Charges Suspects in Delhi Rape Case

Five Men Face Death Penalty if Convicted of Murder of Woman Victimized on Bus; Outcry Spurs Creation of Fast-Track Court

ENLARGE

Mourners at a vigil for the Delhi victim.
Associated Press

By

Krishna Pokharel,

Vibhuti Agarwal and

Shefali Anand

Updated Jan. 3, 2013 1:12 p.m. ET

NEW DELHI—Indian authorities, moving swiftly to assuage public anger, filed formal murder charges against five men alleged to have gang-raped and killed a student on a bus in the capital in December.

The 23-year-old physiotherapy student, who died Saturday in Singapore from organ failure due to injuries incurred during the rape, has become an emblem for many Indians who have taken to the streets to demand harsher punishment for rapists and better security for women.

Rape cases registered by Indian police can often take months, or even years, to reach a court verdict because of an overburdened legal system. Of the 95,000 pending rape cases in 2011, only 15% made it to trial, according to the National Crime Records Bureau.

In this case, proceedings are moving much more quickly. Authorities in a south Delhi court on Thursday also filed charges of gang rape, robbery and banditry against the five men.

They include the man who was driving the bus around the capital as the men allegedly assaulted and raped the student and beat up a male friend who was with her. Police are pursuing a case against a sixth suspect in juvenile court.

Authorities have set up a special fast-track court to try the five men, who could face the death penalty for murder if found guilty.

A judge on Saturday is expected to issue warrants for the men to appear to hear the charges and then will decide when the case will be transferred to the fast-track court.

Lawyers at the court have declined to represent the accused, citing the heinous nature of the alleged crime. The court is expected in the next few days to appoint legal representation. Attempts to reach the men, who are in detention, weren't successful and it was unclear whether they have entered pleas in the case.

The death of the woman, whom police charge was brutally raped by the men for more than an hour on Dec. 16, has put pressure on authorities to implement broader measures to counter rape and sexual molestation. The woman's name and that of her companion haven't been released.

Politicians and the police face rising scrutiny and criticism over the incident, which has highlighted police failings in handling rape cases in general and political insensitivity toward women's safety.

ENLARGE

Saket District Court in New Delhi, Jan. 3.
Adnan Abidi/Reuters

Next week, the Supreme Court will hear a petition from a lawyer seeking to bar a number of sitting lawmakers who face rape charges from contesting future elections for the nation's Parliament.

And police on Thursday arrested
Bikram Singh Brahma,
a leader of the ruling Congress party in the northeastern state of Assam, for allegedly raping a woman. The allegations were made by the woman's husband. A police officer involved in the case said authorities were investigating whether the incident involved rape or consensual sex.

Mr. Brahma, currently in police custody, couldn't be reached for comment. Police officials declined to provide information on either the husband or the alleged victim.

A representative for the Congress party in Assam said the allegations of rape, if proven against Mr. Brahma, "would not be tolerated by the party."

In Delhi, protesters calling for a crackdown on rapists and better public security clashed with police in December, causing scores of injuries on both sides, although such demonstrations have died down in recent days.

The public anger has pushed authorities to take other steps. On Wednesday, police arrested
Dinesh Yadav,
the owner of the chartered-bus company on whose vehicle the rape occurred. A police spokesman said Mr. Yadav was detained for providing a false address to register 10 buses. Attempts to reach Mr. Yadav weren't successful.

Delhi commuters have complained about a lack of registered public buses, which forces them to often board chartered buses, such as the one used during the alleged rape.

These vehicles are permitted by the local government to serve defined routes, like transporting schoolchildren or office workers, but they also regularly break rules to pick up fee-paying passengers, police said.

ENLARGE

Indian policemen stand guard at the District Court complex in New Delhi where a new fast-track court was inaugurated Wednesday to deal specifically with crimes against women.
Associated Press

These buses and their drivers, who often aren't on company payrolls, are much harder to monitor to ensure public safety, said
Satyendra Garg,
Delhi's joint commissioner of police for traffic.

Women's groups have praised recent police action but said authorities need to push through more sweeping changes. Many activists, for instance, want to see changes to criminal laws that don't recognize rape inside a marriage.

They also say police must be quicker to accept rape complaints from women.

"They usually think that the girl must be having an affair with the boy," said
Vandana Sharma,
president of
Nari Raksha
Samiti, a nonprofit organization in Delhi that works on women's issues.

Ms. Sharma said India's police force needs more female recruits, with one woman officer stationed at every station to make it easier for women to file rape complaints.

This week, Delhi's government set up a telephone hotline connected to police stations via which women can report rapes.

ENLARGE

India's police force defends its performance combating rape, pointing to the quick arrest of the five men and the juvenile in the New Delhi rape case. "In 17 hours, the case was worked out," said
Rajan Bhagat,
a spokesman for Delhi's police force.

But he acknowledged police need to be more sensitive to women's issues. "We shouldn't have cases of women complainants being treated insolently," he said.

Senior police officers, he added, have been told that expectations have increased. They have been ordered to "take immediate action in all complaints irrespective of jurisdictions."

This copy is for your personal, non-commercial use only. Distribution and use of this material are governed by our Subscriber Agreement and by copyright law. For non-personal use or to order multiple copies, please contact Dow Jones Reprints at 1-800-843-0008 or visit www.djreprints.com.